Analisis Kebijakan Online Single Submission Terhadap Investasi Dalam Aspek Lingkungan Hidup
Abstract
Online Single Submission has been regulated in Government Regulation Number 24 of 2018
concerning Electronically Integrated Business Licensing Services, but in its implementation it still
creates problems. The first problem is the unclear rules due to overlapping with the above
regulations, namely Law Number 32 of 2009. The second problem is that there is legal uncertainty
for business actors. and the third problem is that there are flawed procedures in granting licenses.
This research uses normative legal research methods. This research examines principles, legal
concepts, and laws and regulations related to the object of research. The results show that in its
development, both normative and empirical, there has been legal uncertainty for business actors
and flawed procedures in granting business licensing mechanisms. In the case of legal uncertainty
for business actors, namely business actors who have succeeded in making commitments but have
failed to fulfill the contents of their commitments within a predetermined period of time, the
business actor will be penalized by failing to continue his business. In fact, after obtaining the
commitment, the business actor can carry out land acquisition and carry out development for
business actors who need infrastructure. However, if the fulfillment of this commitment fails, the
building that has been built will contract and cannot continue to carry out business operations. In
terms of procedural records, there has been an out of sync with the above regulations, namely Law
no. 32/2009 which requires AMDAL documents to be pocketed, UKL-UPL has just obtained its
business license, but with PP No. 24/2018, business actors obtain their business permits even
though the AMDAL, UKL-UPL documents are fulfilled in the form of commitments. Therefore,
in order to avoid overlapping in a sustainable manner and the achievement of the government's
aspirations to realize an effort to facilitate investment (ease doing business) in Indonesia, the
government should immediately make substitute regulations for this PP regarding OSS with
regulations that pay more attention to environmental aspects, because by starting to pay attention
to the current trend of sustainable investment developments. Sustainable investment is considered
as the fastest growing investment genre in capital markets in various parts of the world, especially
in developed countries.
Collections
- Master of Law [1443]